• Report: #1108952

Complaint Review: First and Ivy Meats and Deli

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  • Submitted: Sat, December 21, 2013
  • Updated: Sat, December 21, 2013

  • Reported By: anonymous — San Diego California
First and Ivy Meats and Deli
2170 1st Ave San Diego, California USA

First and Ivy Meats and Deli First and Ivy Market Illegally attempted to charge a $.50 surcharge for electing to use a credit card instead of cash. A clear violation of California Civil Code Section 1748.1. San Diego California

*Author of original report: Not relevant or intelligent: correction

*Author of original report: Not relevant or intelligent

*Consumer Comment: Not wrong

*Author of original report: Just plain wrong

*Consumer Comment: Just a jerk

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I provided a credit card to purchase a sandwich in First & Ivy Meats and Deli for $5.99 and was then told by the man behind the counter that I would be charged $.50 for using a credit card to make my purchase since it was under $10. I told him that that it was not legal to do so and he immediately became very angry and started to raise his voice to me and told me that he could do what he pleased as long as he told me first. He repeated several times what law? What law?

I told him I would respectfully show him a print out of the law but did not have the statute code committed to memory. He was already very angry to be told he was doing something wrong and was beyond dealing with at that point. I later gave the same man a printout of California Civil Code Section 1748.1 found at http://law.onecle.com/california/civil/1748.1.html. He looked at the papers shortly and then ripped them up.


This report was posted on Ripoff Report on 12/21/2013 07:25 PM and is a permanent record located here: http://www.ripoffreport.com/r/First-and-Ivy-Meats-and-Deli/San-Diego-California-92101/First-and-Ivy-Meats-and-Deli-First-and-Ivy-Market-Illegally-attempted-to-charge-a-50-su-1108952. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
3Author 2Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

Not relevant or intelligent: correction

AUTHOR: anonymous - ()

 Typed: Also business who don't accept cash are most often not avoiding a 2% fee but are avoiding paying their full share of taxes which is, guess what, also illegal.

 

Meant: Also business who don't accept credit cards are most often not avoiding a 2% fee but are avoiding paying their full share of taxes which is, guess what, also illegal.

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#2 Author of original report

Not relevant or intelligent

AUTHOR: anonymous - ()

You said that they charge "more" to process credit cards. More than what? The word more implies a comparison. So what you meant is that credit card companies charge for processing transactions. Yes of course they do, about 2%. And it's great that some restaurants in your area don't accept credit cards but that is beside the point and not how 99% of restaurants in San Diego do business. It would be 100% but there are a few hole in the wall taco shops that only accept cash. Also business who don't accept cash are most often not avoiding a 2% fee but are avoiding paying their full share of taxes which is, guess what, also illegal. If First and Ivy would like to elect to not accept credit cards and take cash only they could, but they don't. What they therefore need to do is set their prices to reflect the 2% processing fee and then offer a discount for paying with cash so people can know the actual price of a sandwich before waiting ten minutes for it to be made just to find out it really cost 12% more than advertised. I don't think you belong on this site if your advice is to blindly pay illegal and unethical surcharges. Your juvenile name calling is also very revealing of your character. 

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#3 Consumer Comment

Not wrong

AUTHOR: ramjet - ()

 I did not state what the calculated additional amount Visa charges would be. Just that they charge more.

They do indeed charge more, we do indeed have restaurants who won't take credit cards for that reason and you are indeed a jerk.  Everything I stated was correct.

Just go somewhere else.

Ridiculous.

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#4 Author of original report

Just plain wrong

AUTHOR: anonymous - ()

Visa charges merchants 2% to process a tranaction so at $5.99 that is $.12 and on $10 it's still only $.20. Both less than the $.50. And it wouldn't be such a problem if the guy behind the counter didn't yell at me for explaining the law which he is supossed to abide by. And since you don't understand why the law is in place here is section e of California Civil Code Section 1748.1: 

It is the intent of the Legislature to promote the effective operation of the free market and protect consumers from deceptive price increases for goods 
and services by prohibiting credit card surcharges and encouraging the availability of discounts by those retailers who wish to offer a lower price for goods and services purchased by some form of payment other than credit card.
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#5 Consumer Comment

Just a jerk

AUTHOR: ramjet - ()

 Just pay the $.50 and forget it, or if it freaks you out so much, don't go there again. It costs a seller more to process credit cards. For that reason we have quite a few restaurants who won't accept credit cards at all.  I don't blame them.

You may even be technically right but if I were them, I would be happy if you never darkened their door again.  You are just a common, ordinary, every-day, run-of-the-mill jerk and won't be missed.

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